The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-09-22
THE COURT RECORD.
Yesterday's Supreme Court Decisions.

MECHANICS LIEN-NOTICE-DEFECT
1924 Levi F. White. ct al. vs.. Caroline
Stanton, ct al. Porter G. q. Reversed. Nib
lack, J.-Where the description of real estate,
in notice to hold me hanics lien, is SO un-
certain as to afford no reliable clew to a more
definite and correct description, no lien is &C.
quired; but where the description, though too
defective and insufficient of itself to identify
any particular tract of land, can, nevertheless,
definite and certain by the introduction of extrin
sic evidence in support OF such averment, it
will be held to be sufficient for the purpose in
tended and a true description will be supplied
at the hearing. The description in the notice
was on 'lots l. 4, 5. and TO- in block 2, in section
l6. township 30 north. range west, containing
eighty acres. The fair inference was that the
four lots comprised. as an iuterity. an eighty
tract. which. in turn, constituted part of
section 16. etc. This was sufficient to put the
defendants upon inquiry which particular lot,
if any, or the house built thereon was situated.
The complaint averred that the land is situated
in Porter county this State; that the parties all
resided in that county and that the notice was
recorded in that county. The court takes judi
cial knowledge that the section of land corre-
spending generally with the described, lies
in the county of Porter. and taken in connec-
ton with the averments. the defect in the notice
in not stating the county and State. was sup
piled.
PLEADINa-ToRT-ooNsPI
12S67. Leopold A. Jeuner ct al va Bennett
Carson. Marion C. c. Affirmed. Mitchell J.
Where two or more are sued in tort it is not
necessary to ailege that the defendants con-
IOReIDef--ODtV
wrong complained of, and plaintiff injured
PRACTICE-PLEADING.
1925 Constantine Stewart vs. VIM. H.
Smith. Grant, c. G. Affirmed. Elliott, j.
Where the Issue joined upon com paint to
foreclose mortgage executed to secure the IN
paid purchase money is upon a plea of payment,
and plea of set-oif evidence that the cash pay
ment stipulated in the contract of sale has been
made, is not competent. u. The defendant,
who pleads payment, should offer all his evil
dence in chief. aud has right to divide and
offer part in reply. The trial court, however,
NAV in its discretion admit the evidence in re-
ply.
REDEMPTIoN-RENTS AND PROFITS.
12o71-Stephen b. Adams ct al. VS.. Josiah W.
Gldden. Henry. G. c. Affirmed. Zolers G.
J.-One not judgment debtor is liable for
rents and profits during the year for REDEEM ption
the occupant ID not liable in any event.
DECISIONS IN MINOR CASES.
12767-Jaaes L. Dickerson vs.. Isaac T. Dams,
ct al. Boone. C. c. Petition to modify man
date overruled
I3s73-James Brown vs.. State. Switzerland,
C. c. Renearne denied.
13162--Louisa Slcager VS.. John Montgomery.
Hendricks. c. c. Rehearing denied
I3767-Wm. Cargsr, ct al. VS.. James ". Fee
Adams, G. G. Certiorarl issued.
13926-Susie Corya VS.. Enoch G.. Corya Jen-
nings. G. G. Motion for leave 10 appeal granted.
1l045-Western Union Telegraph Com oany
vs. VIM Pendleton. Shelby c. c. Afirmance
set aside and judgment revised.
13637-Pster G. Carol VS.. Nathan R. Holtz
OF al. Washington, q. c. Restraining order
granted.
13946-Besilloh jackson VS. Catharine Myers
Orange, G. c. Cause advanced.